What are the grounds for a new trial in a criminal case?

Penal Code section 1181 sets forth the grounds for a new trial following a verdict against the defendant. As relevant here, a court may grant a new trial in a criminal case "[w]hen the court has misdirected the jury in a matter of law, or has erred in the decision of any question of law arising during the course of the trial, and when the district attorney or other counsel prosecuting the case has been guilty of prejudicial misconduct during the trial thereof before a jury." (Pen. Code, 1181, subd. 5.) Although not a statutory ground, ineffective assistance of counsel may be asserted as the basis for a new trial. (People v. Fosselman (1983) 33 Cal.3d 572, 582-583; People v. Reed (2010) 183 Cal.App.4th 1137, 1143.)

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